8.3 The Water Law and Policy of the European Union
103
8.3.5 Institutional Background
8.3.5.1 European Commission
The European Union does not have specific administrative bodies (agencies) dedicated solely to the questions of water management. Nevertheless, as in the case of
most EU policy areas, the European Commission exercises multiple powers in the
field of water too.
In its role as the “guardian of the treaties” the Commission has universal competence to supervise the compliance of member states with EU water law (Craig
and De Búrca 2003). The Commission receives and checks implementation reports
submitted by member states regularly in accordance with the various EU directives.
The Commission also accepts complaints by natural or legal persons that have information on any infringement of EU law. Once the Commission detects an instance
of non-compliance, it may investigate the case through the so-called infringement
procedure and may eventually refer the case to the European Court of Justice (see
Sect. 10.5.3). Indeed, the Commission has an impressive record in relation to waterrelated infractions: in 2017 a quarter of all investigations undertaken in the field of
environment were connected to water.
60
The Commission does not only check the implementation of adopted water legislation, but also very much determines the priorities and measures of water policy on
its own right. Most importantly, under the TFEU the Commission has the exclusive
right of initiative, i.e. tabling legislative proposals to the Council and the European
Parliament (Craig and De Búrca 2003). The latter institutions have no formal powers to call for the initiation of draft legislation or other policy documents (although
they may exert a degree of political pressure on the Commission to do so), they can
only amend what the Commission had already proposed. Thus, the development of
European water law and policy very much depends on the more or less autonomous
political agenda of the Commission.
The Commission also plays an important coordinative, facilitating role when it
comes to the implementation of EU water law. In response to the complexity and
demanding timetable of the WFD it has set up an informal coordination forum of
high-ranking civil servants (“water directors”) from member states’ (plus Norway’s)
national water administrations. By today, EU water directors’ meetings have grown
into a key operative platform to discuss EU-wide water issues. This platform adopts
the non-binding implementation programmes and guidance materials of EU water
law such as the Common Implementation Strategy (CIS), work programmes, various
guidance documents and other resource materials.
61
60 http://ec.europa.eu/environment/legal/law/statistics.htm (accessed 12 February 2019).
61 The Common Implementation Strategy (CIS) is essentially the combination of a guidance toolbox,
a continuously updated work programme and an information exchange platform, maintained by the
Commission together with the network of member states’ water directors. The main products of the
CIS process have been more than thirty guidance documents and almost two dozen thematic and
103
8.3.5 Institutional Background
8.3.5.1 European Commission
The European Union does not have specific administrative bodies (agencies) dedicated solely to the questions of water management. Nevertheless, as in the case of
most EU policy areas, the European Commission exercises multiple powers in the
field of water too.
In its role as the “guardian of the treaties” the Commission has universal competence to supervise the compliance of member states with EU water law (Craig
and De Búrca 2003). The Commission receives and checks implementation reports
submitted by member states regularly in accordance with the various EU directives.
The Commission also accepts complaints by natural or legal persons that have information on any infringement of EU law. Once the Commission detects an instance
of non-compliance, it may investigate the case through the so-called infringement
procedure and may eventually refer the case to the European Court of Justice (see
Sect. 10.5.3). Indeed, the Commission has an impressive record in relation to waterrelated infractions: in 2017 a quarter of all investigations undertaken in the field of
environment were connected to water.
60
The Commission does not only check the implementation of adopted water legislation, but also very much determines the priorities and measures of water policy on
its own right. Most importantly, under the TFEU the Commission has the exclusive
right of initiative, i.e. tabling legislative proposals to the Council and the European
Parliament (Craig and De Búrca 2003). The latter institutions have no formal powers to call for the initiation of draft legislation or other policy documents (although
they may exert a degree of political pressure on the Commission to do so), they can
only amend what the Commission had already proposed. Thus, the development of
European water law and policy very much depends on the more or less autonomous
political agenda of the Commission.
The Commission also plays an important coordinative, facilitating role when it
comes to the implementation of EU water law. In response to the complexity and
demanding timetable of the WFD it has set up an informal coordination forum of
high-ranking civil servants (“water directors”) from member states’ (plus Norway’s)
national water administrations. By today, EU water directors’ meetings have grown
into a key operative platform to discuss EU-wide water issues. This platform adopts
the non-binding implementation programmes and guidance materials of EU water
law such as the Common Implementation Strategy (CIS), work programmes, various
guidance documents and other resource materials.
61
60 http://ec.europa.eu/environment/legal/law/statistics.htm (accessed 12 February 2019).
61 The Common Implementation Strategy (CIS) is essentially the combination of a guidance toolbox,
a continuously updated work programme and an information exchange platform, maintained by the
Commission together with the network of member states’ water directors. The main products of the
CIS process have been more than thirty guidance documents and almost two dozen thematic and